The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a ...
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The EEOC's Birmingham district office sued Bender Shipbuildiung & Repair Co., Inc., on May 17, 2001 in the U.S. District Court for the Southern District of Alabama. The EEOC's complaint alleged that the defendant violated the Americans with Disabilities Act when it discriminated based on a physical disability (hearing impairment) by failing to hire an otherwise qualified hearing impaired welder. The parties entered into a settlement agreement on November 26, 2002, following the defendant's motion for partial summary judgment filed in July 2002, which was stayed pending trial. The settlement agreement stipulated that the defendant would pay the complainant $10,000 in damages; post a notice of compliance with the ADA; provide ADA training to its managers, supervisors and welder hiring personnel; implement a hiring policy which does not discriminate against hearing impaired individuals because of their disability, allows for their reasonable accommodation, and only disallows hiring an otherwise qualified hearing impaired individual if that individual poses a "direct threat" as defined by the ADA; and annually report hiring decisions for hearing impaired individuals to the EEOC.